Cohabitation agreements are designed to give unmarried couples legal clarity, but what if one party later wants to challenge that agreement in court?
While these agreements are legally binding in Alberta, they’re not immune to dispute. In fact, the courts do allow challenges under specific circumstances — especially when fairness, consent, or transparency are in question.
Let’s examine when and how a cohabitation agreement can be contested in Alberta and what difference the Cohabitation Agreement Lawyer Edmonton can make.
Need help with your cohabitation agreement? Book a free consultation with an Edmonton Cohabitation Agreement Lawyer today.
Grounds for Challenging a Cohabitation Agreement
Courts don’t overturn these agreements lightly. But they will scrutinise them under certain conditions. Common legal grounds include:
- Duress or coercion – If one partner was pressured or manipulated into signing, the agreement may not hold up. The court will look at whether both parties had time, freedom, and opportunity to seek legal advice.
- Lack of independent legal advice – While not mandatory under Alberta law, not having legal counsel — especially if the terms are one-sided — can work against enforceability.
- Unconscionability or gross unfairness – If the terms of the agreement are shockingly unfair, the court might step in. This is especially relevant if one party’s financial or parental obligations are disproportionately high or low.
- Non-disclosure or misrepresentation – Full and honest financial disclosure is key. If one party hides assets or misrepresents liabilities, the agreement could be challenged for lack of transparency.
- Changes in circumstances – While less common, significant life changes — like children, disability, or major financial shifts — may justify a review, particularly if the agreement didn’t account for future scenarios.
Wondering how cohabitation differs from marriage in Alberta? Read: Cohabitation vs. Marriage: Legal Differences You Should Know in Alberta
The Legal Process: What Happens If You Want to Contest the Agreement?
File a claim: – You’ll need to file a court application, usually as part of a broader family law dispute (e.g., separation, parenting, or property division).
Present your case: Your Edmonton Cohabitation Agreement Lawyer will present evidence supporting your claim, such as lack of disclosure, proof of duress, or legal imbalance.
Court review: The judge will examine the agreement’s formation, the surrounding context, and the fairness of the outcome.
Decision: The court may uphold the agreement, strike it down entirely, or modify specific clauses based on what it considers reasonable.
Facing a dispute over your cohabitation agreement? Get expert legal help from a top-rated Edmonton cohabitation agreement attorney.
Not sure what a cohabitation agreement covers? Learn more: What Does It Mean by Cohabitation Agreement in Edmonton, Alberta?
Bottom Line
Yes, you can challenge a Cohabitation Agreement in Alberta — but you’ll need a solid legal reason and substantial evidence to support your claim. If you’re concerned about the validity of your agreement (or are facing a challenge from your partner), it’s critical to speak with an experienced team of Cohabitation Agreement Lawyers Edmonton.
At Kolinsky Law, the Best Family Lawyers in Edmonton, we’ve helped clients both draft and contest Cohabitation Agreements Across Alberta. Whether you need a second look at an existing agreement or want to explore your legal options after a breakup, we’re here to help.
Unsure if you need a cohabitation agreement? Check out: Cohabitation Agreements: Do You Need One?
Concerned about property division? Read: Who Gets What? Property and Asset Division in a Cohabitation Split
Don’t leave your future to chance. Schedule a consultation with an experienced Edmonton Cohabitation Agreement Lawyer now.
About the Lawyer
Kolinsky Law is a leading family law firm in Edmonton, specialising in cohabitation agreements, divorce, child custody, and property division. With years of experience helping couples navigate complex legal matters, our team ensures that your rights are protected—whether you’re drafting, reviewing, or challenging an agreement. Contact us today for trusted legal guidance.